[Amended 11-1-1988 by Ord. No. 1233(21); 10-2-1990 by Ord. No. 1317(25); 1-2-1991 by Ord. No. 1326(33); 12-3-1991 by Ord. No. 1365(33); 6-2-1992 by Ord. No. 1389(2); 4-2-1996 by Ord. No. 1527(35); 5-6-1997 by Ord. No. 1553(2); 7-1-1997 by Ord. No. 1558(7); 4-8-1998 by Ord. No. 1579(30); 12-1-1998 by Ord. No. 1594(13); 9-7-1999 by Ord. No. 1604(8); 10-5-1999 by Ord. No. 1607(11); 12-7-1999 by Ord. No. 1611(13); 9-5-2000 by Ord. No. 1637(41); 2-20-2001 by Ord. No. 1650(54); 4-3-2002 by Ord. No. 1686(34); 8-6-2002 by Ord. No. 1696(10); 8-20-2002 by Ord.
No. 1698(12); 1-7-2003 by Ord. No. 1711(25); 8-5-2003 by Ord. No. 1729(9); 11-18-2003 by Ord. No. 1740(20); 6-1-2004 by Ord. No. 1752(4); 12-7-2004 by Ord. No. 1762(14); 4-6-2005 by Ord. No. 1773(25); 11-9-2006 by Ord. No. 1812(16); 4-2-2008 by Ord. No. 1855(27); 2-3-2009 by Ord. No. 1876(18); 8-4-2009 by Ord. No. 1887(8); 8-17-2010 by Ord. No.
1906(9); 2-15-2011 by Ord. No. 1922(25); 3-4-2014 by Ord. No. 1978(12); 2-17-2016 by Ord. No. 2004(10); 9-3-2019 by Ord. No. 2051(17); 10-17-2023 by Ord. No. 2104(10)]
A.
Scope and purpose. The provisions of this article establish regulations
for the fabrication, construction, and use of signs in the City of
Burlington. The regulations govern the location, type, size, and height
of signs within the signs in the City of Burlington. These sign regulations
do not regulate every form and instance of visual communication that
may be displayed. Rather, they are intended to regulate those forms
and instances that are most likely to meaningfully affect one or more
general purposes or findings set forth in this article.
(1)
The regulations of this article shall be in addition to the provisions
of other ordinances in the City of Burlington's Code applicable
to the construction and maintenance of signs.
B.
Findings. The adoption of this article reflects the formal findings
by the Common Council that these sign regulations will advance the
following compelling governmental interests:
(1)
Protecting property values. Regulating signs preserves the character
of various neighborhoods, creates a harmonious community, and encourages
economic development. This article allows adequate communication through
signage while encouraging aesthetic quality in the design, location,
size and purpose of all signs;
(2)
Promoting public health, safety and general welfare. Regulating signs
helps protect all persons using public thoroughfares and rights-of-way
within the City in relation to the signage displayed thereon, or overhanging,
or projecting into such public spaces;
(3)
Enhancing and protecting the physical appearance of all areas of
the City;
(4)
Protecting signs from obstruction by other signs; and
(5)
Protecting City residents. Signs can obstruct views, distract motorists,
displace alternative uses for land, and pose other problems that legitimately
require regulation.
C.
Interpretation and administration. The regulations of this article
must be interpreted and administered in a manner consistent with the
First Amendment guarantee of free speech.
D.
Content neutrality. Any sign allowed under this article may contain
any lawful message, as long as the sign complies with all size, height,
location and other applicable regulations of this article.
E.
Compliance required. The sign regulations of this article and all
local and state building codes apply to all signs in all zoning districts,
except as may be otherwise expressly stated in this article.
F.
General government exemption. The sign regulations of this article
are not intended to and do not apply to signs erected, maintained
or otherwise posted, owned or leased by the City of Burlington, state,
or federal government ("government signs"). The inclusion of the term
"government" in describing some types of signs does not subject the
government to regulation but instead is intended to help clarify the
types of signs that are exempt under this general government exemption.
The following definitions are used in this article:
Any display or sign remaining in place or not maintained
for a period of 90 days which no longer identifies an ongoing business,
product, or service available on the premises where the display or
sign is located or where the building, business, or establishment
to which the display or sign is related has ceased operation. For
purposes of this definition, abandonment for the applicable period
shall be deemed conclusive evidence of abandonment regardless of the
property, business, or sign owner's intent.
A hood or cover which projects from the wall of the building.
Some may be retractable, folded, or collapsed against the face of
a supporting structure.
Any sign or attractant made of nonstructural materials such
as cloth or flexible plastics.
A bright light that is mounted high on a pole or other structure.
A sign mounted onto, or incorporated into, a seat in a public
seating structure such as a bus stop bench.
A sign which may pertain to the premises where the sign is
located or directs persons to a different location from where the
sign is located.
A roof-like cover that projects from the wall of a building.
Canopies may be freestanding, such as a covering over a service station
island.
Any sign designed to give any artificial light directly through
any transparent or translucent material from a source of light originating
within or on such sign.
Any message on a sign that may be changed by electronic process.
Includes electronic signs that display the time and temperature.
A sign which has an electronically controlled, illuminated
display surface which allows all, or a portion, of the sign to be
changed or illuminated in different ways.
Any direct or indirect illumination of a sign on which artificial
light is not stationary and constant in intensity and color at all
times when in use.
A sign anchored directly to the ground or supported by one
or more posts, columns or other vertical structures or supports, and
not attached to or dependent for support from any building.
A sign that is constructed, placed or maintained by the federal,
state or local government or a sign that is required to be constructed,
placed or maintained by the federal, state or local government.
A type of freestanding sign that is a self-supported sign
structure erected or supported from the ground containing one or more
faces for sign or display purposes.
A device designed to be inflated and which is tethered to
the ground, a building, structure, vehicle, or similar support. This
definition includes hot air balloons and "tube men."
A permanent roof-like area to mount a sign that projects
beyond a building wall at an entrance to a building or extends along
and projects beyond the building's wall and is generally designed
and constructed to provide protection against weather.
A painting or other work applied to and made integral with
a wall surface.
Any sign that does not conform to the regulations of this
article.
A sign that is constructed of a lightweight flexible material,
suspended from a rope, wire or string, usually in series, and designed
to move in the wind. This definition does not include a banner, flag,
or recognized flag.
Any structure without a permanent foundation or otherwise
permanently attached to a fixed location, which can be carried, towed,
hauled or driven and is primarily designed to be moved rather than
be limited to a fixed location regardless of modifications that limit
its movability.
A house or building, together with its land and outbuildings.
Any structure extending from the face of a wall or building
designed to carry a sign.
A pylon sign is a type of freestanding sign typically detached
from a building. These signs are supported by one or more structural
elements that complement the overall design. Pylon signs are most
commonly found around shopping center locations and feature single
or multiple business advertisements.
A sign indicating the direction and/or distance to a specific
cottage, resort, residence, or recreation facility that is located
within an agricultural, resource conservation or park district.
A sign affixed to a roof of a building where the top edge
of any point of that sign does not exceed the height of the roof plane
to which it is affixed.
An outdoor freestanding structure designed with an A-frame
construction capable of holding signage on both sides with a signage
area.
Any device, structure, fixture, painting, or visual image
using words, graphics, symbols, numbers, or letters designed for the
purpose of conveying information or attracting attention.
Any sign structure intended to display a sign for a short
period of time.
A sign affixed to, or painted on, or otherwise incorporated
onto the outside of a vehicle, but does not include license plates,
license plate frames or the vehicle brand.
Structure attached to, erected on, or painted on the wall
of a building that supports or permits the mounting of signage, such
as letters, pictures and symbols.
A sign with the purpose of serving the public welfare through
wayfinding by displaying the address of the residence, name of the
destination, arrow, and/or distance.
Any sign area located within an enclosed building and visible
from a public way, also including signage mounted onto window surfaces.
No sign shall hereinafter be located, erected, moved, reconstructed,
enlarged, expanded, altered, converted, operated, placed, relocated,
or structurally altered without obtaining a sign permit from the Zoning
Administrator, with the following exceptions:
A.
Memorial signs and tablets displayed on public property or in cemeteries.
B.
Address numerals and signs not exceeding one square foot in area
and bearing the names of occupants of the premises.
C.
Legal notices.
D.
On-site traffic directional signs, traffic control signs, and parking
signs that do not exceed three square feet in area and 48 inches in
height.
E.
Home occupation sign not exceeding three square feet in area and
mounted flush against the dwelling.
F.
Gasoline price signs as required by law and not larger than 10 square
feet in surface area.
G.
"No trespassing" and "no dumping" signs, provided that no such sign
shall exceed two square feet in surface area.
H.
Combined on-premises nameplates and addresses for residences, provided
that no such combined nameplate and address sign shall exceed three
square feet of combined area.
I.
No more than one "open/closed" and one "vacancy/no vacancy" sign,
not exceeding two square feet in area each, displayed for each business.
J.
Window signs not exceeding 30% of the glass area of the glass areas
that are used for exits/entrances or necessary for visibility to exits/entrances.
All other glass shall be considered part of the building and held
to the same restrictions as any other part of the building.
K.
Repainting, changing of parts, and preventive maintenance of signs
located on the site without changing or altering sign design, logo,
or wording.
L.
Signs related to events, activities, or elections sponsored or authorized by a governmental body, as defined in § 19.82(1), Wis. Stats. Such signs are not subject to the signage requirements set forth in § 315-74A(1)(a) or (b).
M.
Signs erected and maintained pursuant to the discharge of governmental
functions, or that are required by law, ordinance, government regulation,
or that are required to the posted in order to effectuate a legal
right.
N.
City of Burlington community identification, community welcome and/or
community event signs owned or rented by the City of Burlington and
reviewed and approved on an annual basis by the Common Council for
design and placement that meet the requirements of this subsection.
When said community identification, community welcome and/or community
event signs are proposed to be located within a City of Burlington
public park, said signs shall also be reviewed and approved on an
annual basis by the City of Burlington Park Board in accordance with
this subsection. Said community identification, community welcome
and/or community event signs shall:
(1)
Be no larger than 32 square feet in sign area;
(2)
Be no taller than eight feet in height;
(3)
Be placed in compliance with the traffic visibility requirements set forth under § 315-46 of this article;
(4)
Not be a temporary sign; and
(5)
Said Common Council approved City of Burlington community identification,
community welcome and/or community event signs are exempt from inclusion
in the calculation of the maximum total accumulated sign area for
permitted signs and freestanding signs on a zoning lot. The signed
written permission of the property owner upon whose property City
of Burlington community identification, community welcome and/or community
event signs are placed shall be obtained by the City prior to the
placement of City of Burlington community identification, community
welcome and/or community event signs.
O.
Signs in P-1 District. Advertising signs for athletic fields in the
P-1 District and dog parks when approved as to park location by the
Common Council after review and recommendation by the Park Board and
individual sign content and design is reviewed and approved by the
Park Board or its designee provided:
(1)
Said advertising signs shall not be limited per zoning lot or entrance to a zoning lot (§ 315-72A and Table 13),[1] are exempt from inclusion in the calculation of the maximum total accumulated sign area for permitted signs for each individual business on a zoning lot (§ 315-72B), and are exempt from inclusion in the maximum accumulated total sign area for wall, fascia, awning/canopy, marquee and graphic signs (§ 315-72D).
[1]
Editor's Note: Table 13 is included as an attachment to this chapter.
(2)
Said advertising signs shall not be classified as billboard signs
and may advertise off-site businesses and services. Said signs may
be affixed to scoreboards or fences.
P.
An off-premises sign is allowed to identify a parking lot serving
an associated principal use; one sign per entrance drive from a public
right-of-way, not to exceed 60 inches in height and five square feet
in area.
A.
The following signs are hereby prohibited in all zoning districts
in the City of Burlington unless a variance is granted by the Zoning
Board of Appeals pursuant to the requirements of this article:
(1)
Any sign displaying flashing or intermittent lights or lights of changing degrees of intensity, except a sign meeting the requirements of § 315-71F.
(2)
Any sign that obscures or interferes with a sign displayed by public
authority for the purpose of giving traffic instructions or direction
or other public information.
(3)
Any sign that obstructs a clear view to and from traffic along any
public street right-of-way, entrance, or exit.
(4)
Any sign that uses the word "stop" or "danger" or otherwise presents
or implies the need or requirement of stopping or caution of the existence
of danger or which is a copy or imitation of or which, for any reason,
is likely to be confused with any sign displayed by public authority.
(5)
Any sign that obstructs any window, door, fire escape, stairway,
ladder, or opening intended to provide light, air, ingress or egress
for any building, as required by law. No sign shall be attached to
a standpipe.
(6)
Any sign or illumination that causes any direct glare into or upon
any building, other than the building to which the sign may be related.
(7)
Off-site and off-premises signs which advertise businesses, establishments, activities, goods, products, facilities, or services or other message not made, produced, sold, or present on the premises or site where the sign is installed and maintained, other than those which are permitted under § 315-64 or 315-72 of this article.
(8)
Inflatable advertising devices or signs exceeding 10 consecutive
days in any one-month period.
(9)
Portable trailer signs, either fixed or movable, exceeding 10 consecutive
days in any one-month period.
(11)
Any sign that violates any provision of any law of the State
of Wisconsin relative to outdoor advertising.
(12)
Sandwich signs. In accordance with § 315-75A(1) and the table in § 315-70, one freestanding sandwich sign not exceeding a maximum of six square feet per sign face may be permitted per property when such sign does not constitute a public safety or traffic hazard as determined by the Zoning Administrator.
(13)
Any sign located within a public right-of-way except as provided
by this article.
(14)
Wall signs which are painted directly upon walls except wall
murals that have been reviewed and approved by the Common Council,
Plan Commission and Zoning Administrator.
(15)
Signs as a principal use in any zoning district except as otherwise
provided for in this article.
(16)
The posting of any signs on any permanent or temporary structure
or building, pole or tree located in any public street right-of-way,
public park, or other public way or place within the City of Burlington
except as permitted under the provisions of this article.
(17)
"For sale" signs located within any public right-of-way.
(18)
Signs mounted to fences except as permitted under the provisions
of this article.
(19)
Statues used for commercial purposes except as reviewed and
approved by the Plan Commission.
(20)
Temporary signs affixed to permanent signs.
(21)
Signs painted or mounted on rocks or other natural features
or affixed to trees.
(22)
An off-premises sign on a motor vehicle or trailer parked on
public or private property so as to be seen from the public right-of-way
for more than three consecutive hours.
(23)
Those signs which are prohibited by this article.
B.
It shall be unlawful to erect a billboard sign in any area of the
City. It shall be unlawful to change the copy of any existing billboard
sign in the City without a sign permit.
A.
Signs within public rights-of-way. Except as provided herein, no
signs, except a government sign, shall be allowed to project or be
located within public street right-of-way lines. Projecting signs
are allowed in the B-2 Central Business District to extend only over
public rights-of-way occupied by pedestrian sidewalks subject to the
following:
(1)
All such projecting signs in the B-2 District shall be elevated a
minimum height of eight feet.
(2)
Any such projecting sign in the B-2 District shall not project more
than five feet from the surface of its supporting building.
(3)
All such projecting signs in the B-2 District shall not be permitted
to extend closer than two feet to any public street curb or pavement
or to any public alley curb or pavement.
B.
Roof-mounted signs not allowed. No sign shall be mounted to the roof of any building or structure. Signs shall not extend higher than the lowest roofline, except as provided in § 315-73B(7), and shall meet all other sign regulations.
C.
Signs and required bufferyards. Signs may be located within a bufferyard
required by this chapter along a public street right-of-way and in
the front yard only. No signs, however, shall be located along any
side (unless a street yard) or rear lot line within a required bufferyard
unless permitted by the Plan Commission.
D.
Sign interference with railroad or traffic signs, signals, or devices
not permitted. Signs shall not resemble, imitate, or approximate the
shape, size, form, or color of railroad or traffic signs, signals,
or devices. Signs shall not obstruct or interfere with the effectiveness
of railroad or traffic signs, signals or devices nor be lighted in
such a way so as to cause glare or impair driver visibility upon public
ways.
E.
Construction standards. The following construction standards shall
apply:
(1)
Wind pressure and dead load requirements. All signs and other advertising
structures shall be designed and constructed to withstand wind pressure
of not less than 40 pounds per square foot of area and shall be constructed
to support dead loads.
(2)
Protection of the public. Prior to the temporary occupancy of a sidewalk
or street or other public property during construction, removal, repair,
alteration or maintenance of a sign a sign permit is required. Subsequent
to the issuance of a sign permit by the City, said temporary occupancy
of a sidewalk or street or other public property shall provide that
the space so occupied is roped off, fenced off, or otherwise isolated.
(3)
Supporting members or braces. Supporting members or braces of all
signs shall be constructed of galvanized iron, properly treated steel,
copper, brass, or other noncorrosive incombustible material. All projecting
signs, if placed at a right or other angle to the wall or roof of
any building, shall be attached by such noncorrosive metal bolts,
anchors, cable, or other metal attachments as shall ensure permanent
and safe construction and shall be maintained free from rust or other
defects. Every means or device used for attaching any sign shall extend
through the walls or roof of the building should the Zoning Administrator
determine that the safe and permanent support of such sign so requires
and shall be securely anchored by wall plates and nuts to the inside
of the walls or to bearings on the underside of two or more roof or
ceiling joists in accordance with instructions given by the Zoning
Administrator. Small flat signs containing less than 10 feet of area
may be attached to a building by the use of lag bolts or other means
to the satisfaction of the Zoning Administrator.
(4)
Prohibitions on sign attachment. No signs or any part thereof or
sign anchors, braces, or guide rods shall be attached, fastened, or
anchored to any fire escape, fire ladder, or standpipe, and no such
sign or any part of any such sign or any anchor, brace, or guide rod
shall be erected, put up, or maintained so as to hinder or prevent
ingress or egress through such door, doorway, or window or so as to
hinder or prevent the raising or placing of ladders against such building
by the Fire Department of the City, as necessity therefor may require.
F.
Sign maintenance. The owner of any sign shall keep it in good maintenance
and repair, which includes restoring, repainting, or replacement of
a worn or damaged legally existing sign to its original condition.
Sign area shall be defined by the following:
A.
Sign area determination for freestanding, awning/canopy, and marquee
signs. In the case of freestanding, awning/canopy, and marquee signs,
the entire surface area of the sign on which copy could be placed,
including background and sign framing, is the sign area. The supporting
structure or bracing of a sign shall not be counted as a part of the
sign area. Where a sign has two display faces back-to-back, the area
of only one face shall be considered the sign area. Where a sign has
more than one display face, all areas which can be viewed simultaneously
shall be considered the sign area.
B.
Sign area determination for wall, fascia, and graphic signs. For
wall, fascia, and graphic signs whose message is fabricated together
with the background which visually borders or frames that message,
the sign area shall be the total area of the background which visually
borders or frames that message.
Sign height and clearance shall be determined as follows:
A.
Height of a freestanding sign. The height of a freestanding sign shall be measured as indicated in § 315-140 of this article for the definition of "height, sign."
B.
Clearance of a projecting sign. The clearance of a projecting sign
shall be measured from the base of the sign face area to the ground
below.
C.
Height of a wall sign. The height of a wall sign shall be measured
from the grade level of the base of the building below the sign to
the top of the sign area. The top of the sign shall be no higher than
the maximum permitted building height.
|
Sign Type
|
Structural Dimenions
|
Sign Area Dimensions
|
Projection
|
|---|---|---|---|
|
Pylon sign
|
Not more than 10 feet tall
|
—
|
—
|
|
Projecting sign
|
—
|
—
|
Extending more than 18 inches but less than 60 inches from wall
face; not to exceed 36 inches into road right-of-way
|
|
Sandwich sign
|
No larger than 25 inches wide by 45 inches tall
|
24 inches wide by 36 inches tall
|
—
|
Permitted methods of sign lighting and illumination are as follows:
A.
General. The sign has neither an internal light nor an external light
source which is intended to specifically light that sign. Rather,
the sign depends on the general lighting of the area (i.e., parking
lot, street, or pedestrian area lighting) for illumination.
B.
Internal illuminated message. The sign is made of metal, wood, or
other material that is not translucent, and the message is cut out
of the material and replaced with translucent material. The sign's
light source is located inside the sign.
C.
Internal illuminated sign. The sign face is made of translucent material
with internal light source.
D.
Backlighting. The message is raised beyond the sign's background
and the lighting illuminates the sign from behind in the form of backlighting.
E.
Shielded spotlight. The sign is lighted by spotlights specifically
directed at it. The spotlights are fully shielded so that they are
not visible from streets or adjoining property. Any spotlights permitted
to illuminate signs shall be shielded such that their light source
cannot be seen from adjoining roads.
F.
Electronic signs. Electronic signs meeting the requirements of this
subsection are permitted only in the B-1, B-2, and B2A Zoning Districts
and as a conditional use in the I-1 Zoning District.
(1)
Electronic signs that display the time or temperature or alternate
between the time and temperature may be affixed to buildings pursuant
to the provisions of this article.
(2)
Electronic signs that display messages in addition to or other than
the time or temperature must be freestanding or monument signs meeting
the requirements of this article. The display message area shall be
a maximum of 25% of the entire sign area.
(3)
The display on an electronic sign shall meet the following requirements:
(a)
The sign shall have installed ambient light monitors and shall
at all times allow such monitors to automatically adjust the brightness
level of the electronic sign based on ambient light conditions.
(b)
Illumination from the sign shall not exceed 2.0 footcandles
as measured at any point along the property boundary line. The maximum
brightness level for the electronic sign shall not be obtrusive (as
determined by the Zoning Administrator) to surrounding and abutting
properties or the neighborhood, and at no time shall the sign be operated
at a brightness level greater than the manufacturer's recommended
levels.
(c)
The display of the sign shall not change more rapidly than once
every five seconds.
(d)
The display of the sign shall not, or shall not appear to, flash,
undulate, pulse, or portray explosions, fireworks, flashes of light,
or blinking or chasing lights; and the display of the sign shall not
appear to move toward or away from the viewer, expand or contract,
bounce, rotate, spin, twist or otherwise portray movement or animation
as it comes onto, is displayed on, or leaves the sign board.
(e)
No message shall require more than 10 seconds to be displayed
in its entirety.
(f)
Scrolling or traveling of a display onto the sign shall be from
one direction only, provided that once the entire message is displayed,
each message remains in a static state for at least 1.5 seconds. There
shall be two seconds of still image or blank screen following every
scrolling or traveling display.
In zoning districts where signs are permitted, as set forth herein, signs which are not legal nonconforming signs as defined in § 315-76 shall conform to the dimensional requirements of this section. Signs in the M-3 District are also subject to the additional requirements set forth in Subsection F.
A.
Permitted signs. Signs are permitted in the TN-R, Rm-1, Rm-2, and Rm-3 Zoning Districts per each zoning lot as indicated in Table 13[1] and in the B-1, B-2, B-2A, B-3, M-1, M-2, M-3, M-4, Q-1, I-1, P-1 and PUD Zoning Districts per each individual business on a zoning lot as indicated in Table 13. Signs are permitted in the Rm-4 Zoning District pursuant to § 315-25H, under the PUD (Residential) category as indicated in Table 13. In a Nonresidential PUD Overlay District, one freestanding sign at each entrance to the PUD is allowed as part of the overall sign plan for the PUD regardless of the number of zoning lots included in the PUD. These entrance signs may include signs for businesses in the PUD regardless of whether the businesses are located on the same zoning lot as the sign.
[1]
Editor's Note: Table 13 is included as an attachment to this chapter.
B.
Maximum total accumulated sign area for all permitted signs per each
individual business on a zoning lot or individual zoning lot as applicable.
The maximum total accumulated sign area for all signs permitted in
the TN-R, Rm-1, Rm-2, and Rm-3 Zoning Districts per each zoning lot
is as indicated in the following table and in the B-1, B-2, B-2A,
B-3, M-1, M-2, M-3, M-4, Q-1, I-1, P-1 and PUD Zoning Districts per
each individual business on a zoning lot (including each individual
business located in a shopping center located on a zoning lot) is
as indicated in the following table. In no case shall the maximum
total accumulated sign area per each individual business on a zoning
lot (including each individual business located in a shopping center
located on a zoning lot) or zoning lot, as applicable, exceed the
maximum specified in the following table:
|
Zoning District
|
Maximum Total Sign Area for All Signs (square feet)
|
|---|---|
|
TN-R
|
64
|
|
Rm-1
|
64
|
|
Rm-2
|
64
|
|
Rm-3
|
64
|
|
B-1
|
None(a)
|
|
B-2
|
None(a)
|
|
B-2A
|
None(a)
|
|
B-3
|
None(a)
|
|
M-1
|
None
|
|
M-2
|
None
|
|
M-3(b)
|
None
|
|
M-4
|
None
|
|
Q-1
|
300
|
|
I-1
|
200
|
|
P-1
|
150
|
|
PUD (Residential)
|
64
|
|
PUD (Nonresidential)
|
As set forth in basic zoning district
|
|
NOTES:
| |
|
(a)
| |
|
(b)
|
Also see additional sign requirements for signs located in the M-3 District as set forth in § 315-72F.
|
C.
Maximum accumulated total sign area for freestanding signs. The maximum
accumulated total sign area for freestanding signs permitted in the
TN-R, Rm-1, Rm-2, Rm-3, B-1, B-2, B-2A, B-3, M-1, M-2, M-3, M-4, Q-1,
I-1, P-1 and PUD Zoning Districts per zoning lot is as indicated in
the following table:
|
Zoning District
|
Maximum Total Sign Area for Freestanding Signs(a)
(square feet)
|
|---|---|
|
TN-R
|
64
|
|
Rm-1
|
64
|
|
Rm-2
|
64
|
|
Rm-3
|
64
|
|
B-1
|
150(d)
|
|
B-2
|
100(f)
|
|
B-2A
|
100
|
|
B-3
|
150
|
|
M-1
|
150
|
|
M-2
|
150
|
|
M-3(b)
|
100/200(c)
|
|
M-4
|
150
|
|
Q-1
|
100
|
|
I-1
|
100
|
|
P-1
|
75
|
|
PUD (Residential)
|
64
|
|
PUD (Nonresidential)
|
As set forth in basic zoning district(e)
|
|
NOTES:
| |
|
(a)
|
Per zoning lot and not for each individual business or tenant
located on a zoning lot.
|
|
(b)
|
Also see additional sign requirements for signs located in the M-3 District as set forth in § 315-72F.
|
|
(c)
|
For buildings with two or more tenants in the M-3 District,
freestanding ground signs shall have a maximum total of 200 square
feet in area on all sides for any one premises.
|
|
(d)
|
Lots in the B-1 District that have five or more acres with building
setbacks that are 250 feet or greater and where the lot directly abuts
a public arterial street which has an average daily traffic volume
(ADT) of over 20,000 vehicles shall have a maximum total of 300 square
feet in area.
|
|
(e)
|
In a Nonresidential PUD Overlay District, one freestanding sign
at each entrance to the PUD is allowed as part of the overall sign
plan for the PUD regardless of the number of zoning lots included
in the PUD. The maximum set forth in this section shall apply to each
entrance sign.
|
|
(f)
|
Restaurants in the B-2 Central Business District which abut
three or more public streets are allowed 200 square feet.
|
D.
Maximum accumulated total sign area for wall, fascia, awning/canopy,
marquee, and graphic signs. The maximum accumulated total sign area
for wall, fascia, awning/canopy, marquee, and graphic signs permitted
in the TN-R, Rm-1, Rm-2, and Rm-3 Zoning Districts per each zoning
lot is as indicated in the following table, and in B-1, B-2, B-2A,
B-3, M-1, M-2, M-3, M-4, Q-1, I-1, P-1 and PUD Zoning Districts per
each individual business on a zoning lot is as indicated in the following
table:
|
Zoning District
|
Maximum Total Sign Area for All Wall, Fascia, Awning/Canopy,
Marquee and Graphic Signs
(square feet)
|
|---|---|
|
TN-R
|
0 (not permitted)
|
|
Rm-1
|
0 (not permitted)
|
|
Rm-2
|
0 (not permitted)
|
|
Rm-3
|
0 (not permitted)
|
|
B-1
|
1.40 square feet proportionally per 1 linear foot of exterior
storefront wall width that fronts on a public street; however, no
sign for any 1 exterior storefront which fronts upon any public street
or no sign for any 1 tenant which fronts upon any public street shall
exceed 200 square feet in area (b)
|
|
B-2
|
1.30 square feet proportionally per 1 linear foot of exterior
storefront wall width that fronts on a public street; however, no
sign for any 1 exterior storefront which fronts upon any public street
or no sign for any 1 tenant which fronts upon any public street shall
exceed 200 square feet in area (b)
|
|
B-2A
|
1.30 square feet proportionally per 1 linear foot of exterior
storefront wall width that fronts on a public street; however, no
sign for any 1 exterior storefront which fronts upon any public street
or no sign for any 1 tenant which fronts upon any public street shall
exceed 200 square feet in area(b)
|
|
B-3
|
0.80 square foot proportionally per 1 linear foot of exterior
business front wall width that fronts on a public street; however,
no sign for any 1 exterior storefront which fronts upon any public
street or no sign for any 1 tenant which fronts upon any public street
shall exceed 150 square feet in area(b)
|
|
M-1
|
1.20 square feet proportionally per 1 linear foot of exterior
business front wall width which fronts on a public street up to a
maximum of 200 square feet per public street frontage(b)
|
|
M-2
|
1.20 square feet proportionally per 1 linear foot of exterior
business front wall width which fronts on a public street up to a
maximum of 200 square feet per public street frontage(b)
|
|
M-3(a)
|
0.40 square foot proportionally per 1 linear foot of exterior
business front wall width that fronts on a public street up to a maximum
of 200 square feet per public street frontage(b)
|
|
M-4
|
1.25 square feet proportionally per 1 linear foot of exterior
business front wall width which fronts on a public street up to a
maximum of 150 square feet per public street frontage(b)
|
|
Q-1
|
1.00 square foot proportionally per 1 linear foot of exterior
business front wall width which fronts on a public street up to a
maximum of 200 square feet per public street frontage(b)
|
|
I-1
|
0.90 square foot proportionally per 1 linear foot of exterior
building front wall width which fronts on a public street up to a
maximum of 200 square feet per public street frontage(b)
|
|
P-1
|
Private park name signs, as approved by the Common Council after
review and recommendation by the Plan Commission; public park name
signs, as approved by the Common Council after review and recommendation
by the Park Board
|
|
PUD (Residential)
|
0 (not permitted)
|
|
PUD (Nonresidential)
|
As set forth in basic zoning district(b)
|
|
NOTES:
| |
|
(a)
|
Also see additional sign requirements for signs located in the M-3 District as set forth in § 315-71F.
|
|
(b)
|
Any one exterior storefront or exterior building front which
is situated and/or designed so as to be fronting upon two or more
public streets shall only be allowed the maximum sign area allowed
as if said exterior storefront or exterior building front was fronting
upon one public street.
|
|
(c)
|
In the B-1, B2-A, B-3, M-1, M-2, M-3, M-4 and I-1 Zoning Districts, primary business entryways that do not face onto a public street shall be permitted one wall, fascia, awning/canopy marquee or graphic sign not exceeding eight square feet. In the HPO Historic Preservation Overlay District the requirements of § 315-75 shall apply. Also, see additional sign requirements for signs located in the M-3 District as set forth in § 315- 72F and any applicable PUD Overlay District.
|
E.
Maximum freestanding sign height for permitted freestanding signs.
The maximum freestanding sign heights for freestanding signs permitted
in the TN-R, Rm-1, Rm-2, Rm-3, B-1, B-2, B-2A, B-3, M-1, M-2, M-3,
M-4, Q-1, I-1, P-1, PUD and NCA Zoning Districts are indicated in
the following table:
|
Zoning District
|
Maximum Sign Height
(feet)
|
|---|---|
|
TN-R
|
8
|
|
Rm-1
|
8
|
|
Rm-2
|
8
|
|
Rm-3
|
8
|
|
B-1
|
15
|
|
B-2
|
15
|
|
B-2A
|
15
|
|
B-3
|
15
|
|
M-1
|
15
|
|
M-2
|
15
|
|
M-3(a)
|
8/15(b)
|
|
M-4
|
15
|
|
Q-1
|
10
|
|
I-1
|
15
|
|
P-1
|
8
|
|
PUD (Residential)
|
8
|
|
PUD (Nonresidential)
|
15
|
|
NOTES:
| |
|
(a)
|
Also see additional sign requirements for signs located in the M-3 District as set forth in § 315-72F.
|
|
(b)
|
For buildings with two or more tenants in the M-3 District,
freestanding ground signs shall have a maximum height of 15 feet.
|
F.
Special signage requirements for the M-3 District. Signs located
in the M-3 District shall meet those minimum requirements set forth
in this section.
(1)
Wall signs. Wall signs placed against the exterior walls of buildings
shall not extend more than 12 inches outside of a building wall surface
and shall not exceed a total of 150 square feet in area for any one
premises. In a multi-tenant building, each tenant may share a portion
of the maximum total of 150 square feet of wall signage. On a corner
lot, each exterior wall facing a public street may share a portion
of the maximum total of 150 square feet of wall signage. Signage copy
shall be limited to business name and logo. No wall sign shall extend
above the roof or building parapet line. The maximum height of the
wall sign area shall be three feet. The height of a wall sign shall
be measured from the grade level of the base of the building below
the sign to the top of the sign area.
(2)
Ground signs. One ground sign is permitted per lot (pole signs are
not permitted) in the M-3 District. Ground signs shall not exceed
50 square feet in area on one side and shall not exceed a total of
100 square feet in area on all sides for any one premises and shall
not exceed five feet in height. For buildings with two or more tenants,
ground signs shall not exceed 100 square feet in area on one side
and shall not exceed a total of 200 square feet in area on all sides
for any one premises and shall not exceed 15 feet in height. When
earthen berms are used at the base of said ground signs, the earthen
berms shall count towards the maximum permissible sign height. Ground
signs shall be set back from any existing or planned public street
right-of-way a minimum distance of 30 feet. Signage copy shall be
limited to business name and logo.
(3)
Required landscaping at base of ground sign. All ground signs (not
including on-site directional ground signs) in the M-3 District shall
provide a landscaped area with appropriate natural plant material
ground cover and other landscape plantings located at the base of
said ground sign equal in area to the area of the face of the sign.
When earthen berms are used as part of said landscaping, the earthen
berms shall maintain a side slope of 3:1 with a maximum berm height
of three feet above adjacent surrounding grade. When earthen berms
are used, earthen berms shall count towards the maximum permissible
sign height.
(4)
On-site directional ground signs. On-site directional signage in
the M-3 District may be allowed giving directions to areas such as
employee or visitor parking and shipping or loading zones. The maximum
size of directional ground signs shall not exceed three square feet
in area on each side. Maximum height shall be 48 inches.
(5)
Temporary construction signs and real estate sales/lease signs. Temporary construction signs and real estate sales and/or lease signs in the M-3 District shall be permitted in accordance with the provisions of this article VII and shall not exceed 32 square feet in sign area.
(6)
Prohibited signs. Specifically prohibited signs include projecting signs, billboards, pole signs, roof signs, pylon signs, flashing or moving signs or beacons, bench signs, trailer signs, banner signs on poles or buildings, vehicle signs, balloons, inflatable advertising devices, inflatable signs, and pennants and those signs listed in § 315-65 of the Code.
(7)
Sign maintenance. The owner of any sign shall keep it in good maintenance
and repair, which includes restoring, repainting, or replacement of
a worn or damaged legally existing sign to its original condition,
and shall maintain the premises on which the sign is erected in a
clean, sanitary, and inoffensive condition, free and clear of obnoxious
substances, rubbish, and weeds.
(8)
Signs illuminated by spotlights. If any signs are illuminated by
spotlights specifically directed at it, the spotlights are to be fully
shielded so that they are not visible from public streets or adjoining
property.
A.
Freestanding sign performance standards.
(1)
Permitted lighting. Shielded spotlight, internally illuminated message
signs, and internally illuminated signs are permitted in the B-1,
B-2, B-2A, B-3, M-1, M-2, M-3, M-4, Q-1, I-1, P-1 and PUD (Nonresidential)
Zoning Districts. Shielded spotlight and internally illuminated message
signs are permitted in the TN-R, Rm-1, Rm-2, Rm-3 and PUD (Residential)
Zoning Districts.
(2)
Distance of sign to other objects. No freestanding sign shall be
closer than a distance equal to the height of the sign to any other
sign, building, or structure.
(3)
Maintenance of area surrounding sign. All freestanding signs and
the premises surrounding the freestanding signs shall be maintained
by the owner thereof in a clean, sanitary, and inoffensive condition
and free and clear of all obnoxious substances.
(4)
Required landscaping at base of freestanding sign. All freestanding
signs shall provide a landscaped area with appropriate natural plant
material ground cover and other landscape plantings located at the
base of said freestanding sign equal in area to the sign area. When
earthen berms are used as part of said landscaping, the earthen berms
shall maintain a side slope of no greater than 3:1 with a maximum
berm height of three feet above adjacent surrounding grade. When earthen
berms are used, earthen berms shall count towards the maximum permissible
sign height. The use of railroad ties as a landscape or construction
material at the base of freestanding signs shall be prohibited.
B.
Wall, fascia, awning/canopy, marquee, and graphic sign performance
standards.
(1)
Permitted lighting. Shielded spotlight, internally illuminated message
signs, backlighting, and internally illuminated signs are permitted
in the B-1, B-2, B-2A, B-3, M-1, M-2, M-3, M-4, Q-1, I-1 and PUD (Nonresidential)
Zoning Districts.
(2)
Placement of wall and fascia signs. Wall and fascia signs placed
against the exterior walls of buildings shall not extend more than
12 inches outside of a building wall surface and shall not be placed
to extend above the parapet wall. Wall signs and/or fascia signs shall
not extend beyond the edge of any wall or other surface to which they
are mounted.
(3)
Placement of fascia signs. The bottom edge of fascia signs shall
be placed a distance not to exceed 12 inches above the lowest line
of the building fascia.
(4)
Painted wall signs. Wall signs painted directly onto a wall shall
not be permitted. Murals are not painted wall signs under this section.
Murals require a separate City approval.
(5)
Fences as walls. Except in the P-1 District, for the purposes of
this article wall signs attached to fences shall be limited to four
square feet in area per sign and two such signs per fence.
(6)
Minimum height of awning/canopy signs. Awning/canopy signs in all
districts shall have a minimum height of eight feet of clearance from
the surrounding grade.
(7)
Maximum permitted height of wall, fascia, awning/canopy, marquee, and graphic signs. In the TN-R, Rm-1, Rm-2, Rm-3, B-1, B-2, B-2A, B-3, M-1, M-2, M-3, M-4, Q-1, I-1, P-1, PUD and NCA Zoning Districts, wall, fascia, awning/canopy, marquee, or graphic signs shall be allowed to reach the maximum height possible when placed upon a wall without said sign(s) extending above the top edge of the roof associated with a parapet wall of a building or above the top edge of the fascia of a roof associated with a building. In the HPO Historic Preservation Overlay District, however, the requirements of § 315-75 of this article shall be followed.
A.
Temporary signs. A sign intended to be displayed for a short period
of time (30 or fewer consecutive days) and not more than 10 times
per calendar year. Included in this category are retailers' signs
temporarily displayed for the purpose of informing the public of a
sale or special offer. Temporary signs must conform to all regulations
of this section.
(1)
For the TN-R, Rm-1, Rm-2, Rm-3, B-1, B-2, B-2A, B-3, M-1, M-2, M-3,
M-4, Q-1, I-1, P-1 and PUD Zoning Districts: 32 square feet.
(a)
Temporary real estate signs.
[1]
Temporary signs on property for sale, rent or lease are allowed
to be placed for the duration of the sale, rent, or leasing process.
Only one arm and post real estate sign may be located adjacent to
each separate street frontage of a lot. Signs shall be located entirely
within the property to which the signs apply; they shall not be directly
illuminated. Real estate signs shall be removed within 15 days after
a deed has been recorded for the sale or a lease signed for the rental
or lease of the property. Real estate signs shall not exceed the following
maximum area requirements:
[2]
Real estate signs generally.
[a]
The traditional arm and post residential real estate
signs are allowed.
[b]
For square footage and sign counting requirements,
an arm and post sign with a small (two square feet) rider sign attached
shall count as one sign.
[c]
Notwithstanding the above, commercial or nonresidential
real estate signs shall not exceed 10 feet in height.
[d]
Note: Typical residential real estate signs are
approximately 12 square feet and are double-sided. Rider signs are
typically two square feet. Commercial real estate signs are typically
32 square feet.
[3]
No real estate sign shall be nearer than 10 feet to the property
line if placed upon vacant property, and if placed on land improved
by a building, it shall not be placed nearer than five feet to any
property line or public street right-of-way line unless the building
is less than five feet from the property line or public street right-of-way
line, in which case it may be placed in or upon a front or side door
or window of the building. If there is a wall upon the property line,
then such sign may be placed on or against such wall.
(2)
For all other districts: four square feet for individual lots and
64 square feet for subdivisions and condominium projects.
(a)
Development signs. Temporary development signs for the purpose
of designating a new building or development or for promotion of a
subdivision may be permitted for a period up to two years, and extensions
may be granted for a period not to exceed five years total. The following
regulations apply to all development signs placed in the City of Burlington:
[1]
All development signs shall be freestanding signs.
[2]
Signs may not exceed 48 square feet in area on one side and
96 square feet in area on all sides; may not exceed 12 feet in height.
[3]
Signs must be located not closer than 15 feet from any street
right-of-way and 75 feet from any street right- of-way intersection,
nor closer than 10 feet to any side or rear lot line.
[4]
Only one such sign is permitted per street frontage.
[5]
Lighting of a development sign may be provided by internal lighting,
backlighting, the general lighting of the sign area, or by shielded
spotlights.
B.
General regulations. Under the sign regulations of this section:
(1)
Each street frontage of a corner lot or double-frontage lot is counted
separately and is given its own allowances.
(2)
The lessor of a property is considered the owner of the subject property
if the lessor holds a right to use exclusive of others (or the sole
right to occupy).
(3)
Time limits. Temporary signs may be displayed 30 or fewer consecutive
days and not more than 10 times per calendar year.
In addition to the requirements set forth in other sections
of this article, signs located in the HPO District shall also conform
to the additional standards indicated below. Where conflicts exist
between the standards set forth in other sections of this article
and this section, the standards set forth in this section shall prevail
in the HPO District.
A.
Signs prohibited in the HPO District. In addition to those signs prohibited in all zoning districts as set forth in § 315-65 of this article, the following signs shall be prohibited in the HPO District:
(1)
Freestanding signs prohibited. No freestanding signs shall be permitted in the HPO District. Notwithstanding the prohibition of sandwich signs set forth in § 315-65, one freestanding sandwich sign not exceeding a maximum of six square feet per sign face may be permitted per business in the HPO District when such sign does not constitute a public safety or traffic hazard as determined by the Zoning Administrator.
(2)
Plastic formed facade signs prohibited. No plastic formed signs or
signs formed from plastic-like materials shall be permitted in the
HPO District unless such materials simulate historic signage.
 |
B.
Wall, fascia (including transoms), and awning signs.
(1)
Placement of wall, fascia (including transoms), and awning signs. All wall, fascia (including transoms), and awning signs shall be placed below the upper edge of the traditional building sign band as indicated below. No wall, fascia, or awning signage shall be allowed to be located above the upper edge of the traditional building sign band. (See Subsection C for the allowance of projecting and hanging signs.) Awning signs should be limited to the valance only.
(2)
Maximum signage area. The total maximum cumulative signage area of
all signage placed upon the street-facing facade (including all wall,
fascia, awning signs and interior business signs visible from the
display windows and entries) of a building (not including freestanding
sandwich signs, or projecting and overhanging signs placed above the
upper edge of the building sign band) shall not exceed 15% of the
total area of that portion of the first floor street-facing facade
which lies below the upper edge of the building sign band. Gilded,
vinyl, painted letters or other business signage placed on the inside
or outside (attached and detached) of storefront display windows shall
be counted towards the total maximum cumulative signage area.
(3)
Maximum signage lettering. The maximum size of letters on a wall
or fascia sign shall be no greater than 12 inches in height and cover
no more than 60% of the sign band or window upon which the letters
are placed.
(4)
Maximum number of walls, fascia (including transoms), and awning
signs. The total maximum number of all wall, fascia (including transoms),
and awning signs placed upon the street-facing facade of a building
shall not exceed four signs. Gilded, vinyl, painted letters or other
business signage placed on the inside or outside (attached or detached)
of storefront display windows shall be counted towards the maximum
number of walls, fascia (including transoms), and awning signs. Hours
of operation shall not be included in these calculations as they are
not considered business signage.
(5)
Wall and fascia (including transoms) sign placement not to visually
obscure architectural details. No wall sign or fascia (including transoms)
shall be placed so as to visually obscure architectural details which
are important to the historic character of the HPO District and the
building upon which such wall or fascia sign is placed.
C.
Projecting and hanging signs. Projecting and hanging signs are allowed
in the HPO District to extend only over public rights-of-way occupied
by pedestrian sidewalks subject to the following:
(1)
Minimum and maximum height of a projecting and hanging sign. All
such projecting or hanging signs in the HPO District shall be elevated
a minimum height of eight feet. Projecting or hanging signs may be
placed above the sign band; however, no projecting or hanging sign
shall extend above the top edge of the largest second story window.
(2)
Limitation of the extension of a projecting and hanging sign. Any
such projecting or hanging sign in the HPO District shall not project
more than five feet from the surface of its supporting building. All
such projecting signs in the HPO District shall not be permitted to
extend closer than two feet to any public street curb or pavement
or to any public alley curb or pavement.
(3)
Placement of projecting and hanging signs. All projecting and hanging
signs in the HPO District shall be placed perpendicular to the building
facade and not flush with the building facade.
(4)
Maximum area of a projecting and hanging sign. The maximum cumulative
permitted area allowed for all projecting or hanging signs on a structure
in the HPO District shall not exceed 7% of the upper building facade
area. The upper building facade area shall be determined by multiplying
the width of the upper building facade by its height (height as measured
from the upper edge of the sign band to the upper edge of the cornice).
(5)
Limitation of the number of projecting and hanging signs. The total
number of projecting signs allowed a structure in the HPO District
shall be one sign per business.
D.
Illumination of signs. Nonflashing, illuminated signs shall be permitted in the HPO District. If signs are illuminated, said signs shall be externally illuminated and subject to the provisions of § 315-71E of this chapter. No electronic message signs shall be installed in the HPO District.
E.
Limitations on types of window signs (including transom windows).
All window business signs (including transom windows) in the HPO District
shall be gilded, painted, vinyl, etched glass, or leaded glass letters
placed on the inside or outside of storefront display windows. Product
and/or company logo signs are allowed on the inside of storefront
display windows.
F.
Signage color. All signage shall be of a color which is compatible
and complementary with the color of the building construction materials
found in the HPO District. Company or organizational logos with colors
outside of the HPO color palette are allowed.
G.
Signage for corner buildings. If a structure in the downtown district
is on a corner and therefore has two street-facing facades, consideration
to a second sign will be given. The sign dimension can mirror what
is allowable on the primary side, if the second side is equal to or
larger in size than the primary facade and existing signage. If the
secondary facade is shorter, signage must be proportional to the primary
facade signage, based on the width of the structure.
H.
Alleyway signage for deliveries. Signage in the alleyway to identify
businesses for deliveries and staff access is permitted. Alleyway
signs shall not exceed two-foot by four-foot or eight total square
feet in size.
A.
Loss of legal nonconforming status of a sign. A sign loses its legal
nonconforming status and shall be considered in violation of this
article if one or more of the following occurs:
(1)
The sign is structurally altered in any way, except for normal maintenance
or repair, which tends to make or makes the sign less in compliance
with the requirements of this article than it was before the alteration.
(2)
If, for any reason, the sign is destroyed, damaged, or in disrepair
such that the cost to reconstruct or repair the sign equals or exceeds
50% of the sign's actual value as determined by the Zoning Administrator
for the City of Burlington.
(3)
The design, logo, or wording of the sign is altered.
(4)
The sign is determined to be abandoned under the provisions of this
article.
B.
Signs erected without a permit. Any sign erected after the effective date of this chapter and without a required sign permit shall be deemed an illegal sign. Such a sign shall be removed by either the sign owner or the owner or lessee of the property upon which the sign is placed within 30 days after written notice from the Zoning Administrator of the City of Burlington. Upon failure to comply with this notice, the Zoning Administrator, City Attorney, or Common Council may cause a citation to be issued and may seek from the court an order removing the sign at the cost of the owner of the sign and/or the property owner of the property upon which the sign is placed. If a court order to remove the sign at the cost of the owner is issued, the cost of removal may be imposed as a special charge on the property's tax bill pursuant to § 66.0627, Wis. Stats. Further, a per diem fine shall be imposed for each day after the thirty-day notice expires, as provided in § 315-136, against the owner of the sign and/or the owner or lessee of the property upon which the sign is placed. The City may docket any municipal court judgment for unpaid fines with the Racine County Circuit Court and, thereafter, there shall be a lien on all the property owned by that person that is located within Racine County and any other county in which such judgment is docketed.
The City of Burlington Zoning Administrator is hereby designated
as the City's authorized agent to record and file all applications
for sign permits, with any accompanying plans and documents, make
inspections of signs in the City of Burlington, and make such reports
as the City may require.
A.
Application filing. A sign permit application and all applicable
fees shall be filed with the Zoning Administrator on forms furnished
by the Zoning Administrator prior to the commencement of work to construct
any sign in the City of Burlington which requires a sign permit.
B.
Content of sign permit application. The sign permit application shall,
at a minimum, contain the following information:
(1)
Name, address, and telephone number of the applicant for the sign
permit.
(2)
The location of the building, structure, lot, or property to which
or upon which the sign is proposed to be attached or erected.
(3)
The name, address, and telephone number of the person, firm, corporation,
or association erecting the sign.
(4)
Written consent of the property owner and lessee (if applicable)
of the building, structure, lot, or property to which or upon which
the sign is to be attached or erected.
(5)
A scaled drawing of such sign indicating the design, dimensions,
materials to be used, lettering, colors, and type of illumination,
if any, and the method of construction or attachment.
(6)
A scaled site drawing indicating the location and position of the
property boundaries, any existing signs, and the proposed sign and
a photograph of the building and/or site of the sign placement.
(7)
Calculations or other evidence showing that the sign structure and
design meet the requirements of all applicable City codes and ordinances,
including the City's applicable structure provisions of the Building
Code and, if the sign is electrical, the City's Electrical Code.[1]
(8)
Payment of all sign permit and other applicable fees as set forth
by the City.
(9)
Include the first and last days of display for temporary signs.
C.
Issuance of sign permit. The Zoning Administrator has the authority
to issue all sign permits for signs located, erected, moved, reconstructed,
enlarged, expanded, altered, converted, operated, placed, or relocated
in the City of Burlington and which meet the requirements of this
article. If the Zoning Administrator denies the issuance of a sign
permit, the reasons for said denial shall be so stated in writing
to the applicant for the sign permit. If the Zoning Administrator
issues a sign permit in error, then the Zoning Administrator shall
issue an order to the sign owner and/or owner of the property upon
which the sign is placed to have the sign removed pursuant to the
procedures under § 315- 76B of this article.
D.
Expiration of permit. A sign permit shall become null and void if
work authorized under said sign permit has not been completed within
a six-month period following the issuance of said sign permit and
the last day of display for a temporary sign. The Zoning Administrator
has the authority to issue extensions for this six-month period for
good cause. After the initial one-year period, a sign permit holder
will have to reapply, unless an extension is granted, as stated above.
All signs and sign messages shall be removed by the owner or
lessee of the premises upon which an on-premises or off-premises sign
is located when the business it advertises is no longer conducted
or, for an off-premises sign, when lease payment and rental income
are no longer provided. All signs shall be removed by the owner or
lessee from the premises upon which an on- premises sign message or
sign is located within 30 days of the vacation of the premises. If
the owner or lessee fails to remove the sign or sign message, the
Zoning Administrator, or other Common Council authorized agent, shall
give the owner 30 days' written notice to remove said sign or
sign message. Upon failure to comply with this notice, the City of
Burlington may cause removal to be executed, the expenses of which
shall become a lien on the property upon which the sign message or
sign is located as of the date of the removal of the sign message
or sign and shall automatically be extended upon the current or next
tax roll as a special charge against the property.
All appeals or variances pertaining to the regulation of signs
as set forth in this article shall be to the Zoning Board of Appeals
of the City of Burlington.
By the holding of a sign permit, any person who holds said sign
permit who installs or maintains a sign which involves, in whole or
in part, the location, erection, movement, reconstruction, enlargement,
expansion, alteration, conversion, operation, maintenance, placement,
relocation, or removal of a sign or any other sign work shall hold
harmless and indemnify the City of Burlington, its officers, agents,
consultants, and employees from any and all claims of negligence resulting
from the location, erection, movement, reconstruction, enlargement,
expansion, alteration, conversion, operation, maintenance, placement,
relocation, or removal of a sign or any other sign work insofar as
this article has not specifically directed the placement of the sign.
The City of Burlington's acceptance of fees as provided
herein shall not be deemed as assumption of liability by the City
of Burlington. The owner of any building, structure, or land upon
which a sign is located, erected, moved, reconstructed, enlarged,
expanded, altered, converted, operated, placed, or relocated shall
be liable for any damages and injuries that may be caused to persons
or property thereby.
No signage shall be placed within the HPO Historic Preservation Overlay District without review and recommendation by the Historic Preservation Commission and final approval by the Building Inspector as provided under §§ 315-113 and 315-42E(1) of this chapter.
